Re: GPL question, can open source code can be used to prop. platform?

From: Dr. Robert Meier (worsel_at_c112927lin.svinfra.compuware.com)
Date: 07/26/04 

Date: 26 Jul 2004 09:38:33 -0400

>>> There is no requirement for you to make the source code available to
>>> anyone but your customers. (or rather, the folks who you make the
>>> binaries available to) You just can't prohibit them from redistributing
>>> it :)
>>>
>>> <snip>
>>>
>>
>> GPL v2 Clause 3 states (in part):
>>
>> 3. You may copy and distribute the Program (or a work based on it, under
>> Section 2) in object code or executable form under the terms of Sections
>> 1 and 2 above provided that you also do one of the following:
>>
>> ...
>>
>> * b) Accompany it with a written offer, valid for at least three years,
>> to give any third party, for a charge no more than your cost of
>> physically performing source distribution, a complete
>> machine-readable copy of the corresponding source code, to be
>> distributed under the terms of Sections 1 and 2 above on a medium
>> customarily used for software interchange; or,
>>
>> - From the phrase "any third party" in clause 3b, it seems to me that the GPL
>> does indeed require that you make the source code available to someone other
>> than your direct customers. This seems explicitly to cover the condition where
>> your customer redistributes your GPLed code.

IANAL. I understand clause 3b to be a warranty (binding penalty for
non-compliance). I understand clause 3b allows customers to impose a
liability on the supplier by the customers' redistribution. Clause
3c prevents someone from imposing this liability for commercial profit.

Consequently, I am unaware of any commercial entity that has not
complied with clause 3a by supplying a readable source code copy with
the Program. Commercial distribution with which I've been personally
involved, took pains to make certain to supply a copy of the source,
rather than risk exposure.

I've purchased several products (e.g. Linksys firewall) that included
a CD copy of the source. Even when I didn't know in advance, that
GPL'd code was involved, I've been pleased with all such products.
Until the marketeers start including source code CDs unrelated to
the product, I now look for such as an indicator of better quality.

Hopefully helpful, 

-- 
Dr. Robert J. Meier

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